Basic Information of Monday, 3 February 2020
Alex Dautey, CEO of Ad Constructions Minimal
The Chief Government Officer of Advert Design Minimal, Mr Alex Dautey, who was sued at the Lands Division of the Accra Superior Courtroom for unlawfully triggering the demolition of a three-bedroom estate house purchased from his business, has recognized complete accountability of the demolition of the house marketed to the plaintiff 11 many years ago at the value of $200,000.00.
Mr Dautey, the 2nd Defendant in the case, also told the court docket that, “I do not have at this minute the unique covenants that ended up breached” by the plaintiff that warranted the demolition of the estate building.
The CEO of Advert Building built this known to the Courtroom presided over by Justice Samuel Asare Nyarko on day two of his cross-assessment by plaintiff’s lawyer, Alhaji Farouk Seidu.
Underneath even more scrutiny from counsel, the Defendant also instructed the court docket that he compensated the $60,000 to the Ghana Household Loans without having any instruction from the plaintiff.
Beneath are handful of of the queries and responses
Q: Now, in these reveals, you changed figures pertaining to the sale of the residence at will.
Ans: I disagree. My Lord, I didn’t make the change at will. As I was stating yesterday (Tuesday), after more, I want to remind this court that no person will section with $101, 000 without having signing a contract and acquiring a receipt, so My Lord, Show 1 and 2, if you glance at them, have been each well prepared by me as the vendor and both equally have been signed by the plaintiff and the seller. When you go additional to look at Exhibit B and C they had been solely well prepared by myself for the means of benefit to assist the plaintiff in this matter to qualify for the $60, 000 house loan granted by Ghana Dwelling Loans, the financial institution.
Q. Now Right before the mortgage, was used for at Ghana House Financial loans, the setting up experienced been accomplished.
Q. And similar was handed more than to plaintiff, is that appropriate?
A. Sure, it is appropriate
Q. From that time up to the time the constructing was pulled down, neither you nor your corporation experienced any interest in the assets.
A. I disagree. Simply because the estate is laid out in a way that all the attributes inside the estate which is the gated community are intertwined and we crafted our sub-lease settlement allowing for us to enter any of the properties. I necessarily mean the land, by sending a composed consent to our potential buyers simply because of our curiosity in the land. The land on which the homes of our buyers still belong to us. The land even now belongs to the company. We did it so for the reason that the sewage process for the overall space goes to a central issue in just the estate.
Q. Look at Exhibit E, what is show E?
A. Exhibit E is a sub-lease arrangement that we concern to our potential buyers.
Q. Exhibit E is the sub-lease arrangement issued to the plaintiff, not to all, and this settlement is for how lots of decades?
A. 60 years
Q. I advise to you that within just the stated 60 yrs you have neither possession suitable nor curiosity in equally the land and the setting up thereon?
A. I disagree. We make the plaintiff knowledgeable that in the course of the issue of the lease all upkeep of the land, the sewage process and the popular spots of the gated community will be managed and exclusively managed by our company. Due to that, we make the plaintiff mindful by providing out guidelines and restrictions governing the gated local community or estate and that is why My Lord, I said that we have fascination in the land and we created the plaintiff knowledgeable of that. So even right until the household was demolished, the plaintiff was knowledgeable that all fix is effective on the land and the dwelling alone can only be carried out by our corporation.
Q. You requested the demolition of residence, is that accurate?
A. Totally. Soon after I carried out the demolition, I wrote to the plaintiff accepting comprehensive responsibility for demolishing the house so I promptly approached Ghana Household Financial loans to fork out in full the $60, 000 cheque that he paid to me. I known as the plaintiff to direct him where I need to fork out his refund and I’m prepared to arrive and meet up with him in London to focus on any payment that he needs above the $101, 000 he gave me. And he informed the lawyers and the legal professionals of the banking institutions will fulfill me in court docket. When the matter arrived to courtroom, I individually and humbly approached his legal professionals and asked for a settlement. We couldn’t agree on the figures, we could not concur on the settlement volume so I suggested my attorney to tell the court that in purchase not to waste the court’s time, I, 1st and 2nd Defendants, acknowledge total responsibility for the demolition and we need to wait around for the choice by the decide for the settlement of this concern.
Q. You remember that you have been at a place in time instructed by the plaintiff to accumulate rents from the tenants who ended up occupying the residence?
A. Of course. But when I collect the lease from tenants, I render statements of accounts to the plaintiff
Q. I recommend to you that the entire time period that you gathered rents from the tenants you under no circumstances accounted to plaintiff pertaining to monies acquired from his rents for the whole period of time?
A. I disagree. Mainly because, if the plaintiff has the assets that is remaining managed for money and for 7 many years and no account has been rendered and the plaintiff could not react, then anything is mistaken. My Lord, I did render an account to the plaintiff.
Q. You see, it is simply because you were refusing to render accounts that was why plaintiff requested you to quit gathering rent of the home
A. I disagree. The plaintiff built his home purposely for the mom. The mom was with them in the United kingdom by then and the mother relocated to stay in this residence in Ghana from London. Throughout this period, the house was not yielding any money simply because the occupants were being household of the plaintiff. Having said that, it was incurring the charge of routine maintenance fees of $1,200 just about every calendar year and that accrued throughout the period the mother was residing in the residence. He (the plaintiff) failed to any payment to that outcome, so the mom remaining the home and went back to London that she doesn’t want to remain in Ghana once again. So when I went to London, I achieved the plaintiff and he instructed to me that I ought to rent out the assets for him so that I will use the proceeds of the rental money to spend out the superb maintenance price debt. So through the to start with rental payment, he informed me to choose portion of the money to offset the routine maintenance charge personal debt.
Q. The last tenant remaining the put in November 2016
Q. And thereafter, the plaintiff asked you to hand over the keys to his brother and lawful lawyer, Jerry Amesimeku?
Q. And for months, you refused to hand above keys to Jerry Amesimeku?
A. That is right, due to the fact as at the time he preferred the house and keys handed over matters ended up not including up… all these feud started for the reason that of upkeep charge payment, so I travelled and ahead of I came back again, the plaintiff instructed his brother to crack into the house, which he did. So on my return, I purchased the plaintiff brother to move out. And this misunderstanding led to the demolition of the house which I still accept comprehensive responsibility.
Q. You claimed that you paid out a certain $60, 000 to Ghana Household Loans?
Q. And you did that not on behalf of plaintiff, appropriate?
A. My Lord, I paid out the $60, 000, on behalf of the plaintiff. I wrote to notify the plaintiff and I wrote to the financial institution and they are conscious of what led to the payment of the $60, 000 for which there was a receipt to that impact.
Q. Now you will concur with me that the plaintiff instructed you to shell out any funds on his behalf
A. Indeed. The plaintiff in no way instructed me, but I receive payment from the bank and I found that it was prudent that if I demolish the house which the lender has offered me cash for, I should really give the sub-lease paperwork mainly because as at the time the home was demolished, the sub-lease arrangement was with the financial institution and has not been supplied to the plaintiff. I gave it to the bank and in trade, they gave me$60, 000 home finance loan payment and that is why I went to pay the dollars again with out even taking into consideration the balance still left. I just refunded what I gathered from the lender, which was 60,000 pounds.
Clarity on refunded $60,000 to the financial institution
The plaintiff, clarifying challenges, stated the assets cost $200,000 and $140,000 was paid out right to the CEO of Advertisement Construction. The plaintiff explained that the $60,000 house loan from Ghana Dwelling Loans was then paid straight to Mr Dautey on receipt of all files to the bank
In accordance to him, the mortgage was becoming paid on the $60,000 at $810 for each thirty day period for 15a long time and on completion of payment all paperwork regarding to the assets would be handed back to plaintiff by the lender and not defendant as “I have absolutely nothing to do with him until eventually 60many years when the lease is due to be renewed.”
The plaintiff contended that immediately after defendant pulled down the dwelling, he made a decision to spend the financial institution $60,000 without having my instruction and “I educated the lender not to settle for the dollars, but they explained their safety is on the residence which is no much more, so they will acknowledge the payment and will sign up all the paperwork in my title, as the finish proprietor of the dwelling prior to its demolition, which they did and posted all the original files to me.”
Plaintiff reported at the time 2nd defendant went and settled the financial loan with the lender, the excellent mortgage still left at the time was all over $60,000 as mortgage loan existence attracts fascination for the initial several many years prior to decreasing money and at that time “I have also paid out $810 x 12months x 10decades amounting to $97,000 to the lender.He added that “If you do the calculation,2nd defendant continue to owes me $97,000-$60,000= $37,000.”